A 04/05-22

Legislative Council

Agenda

Wednesday 16 March 2005 at 2:30pm

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Admission and Registration (Amendment) Rules 200528/2005
2.Legal Practitioners (Fees) (Amendment) Rules 200529/2005
3.Notaries Public (Disciplinary Tribunal Proceedings) Rules30/2005
4.Notaries Public (Grounds for Refusal to Issue Practising Certificate) Rules31/2005
5.Notaries Public (Practising Certificate) Rules32/2005
6.Notaries Public (Examinations) Rules33/2005
7.Notaries Public (Practice) Rules34/2005
8.Notaries Public (Qualifications for Appointment) Rules35/2005

Other Papers

1. No.68-Vocational Training Council Annual Report 2003-2004
(to be presented by Secretary for Education and Manpower)

2. No.69-Audited Statement of Accounts of the Hong Kong Rotary Club Students' Loan Fund together with the Director of Audit's Report for the year ended 31 August 2004
(to be presented by Secretary for Education and Manpower)

3. No.70-Audited Statement of Accounts of the Sing Tao Foundation Students' Loan Fund together with the Director of Audit's Report for the year ended 31 August 2004
(to be presented by Secretary for Education and Manpower)

4. No.71-Hong Kong Council for Academic Accreditation Annual Report 2003-2004
(to be presented by Secretary for Education and Manpower)

5. No.72-The Lord Wilson Heritage Trust Annual Report 2003-2004
(to be presented by Secretary for Home Affairs)

6. No.73-AIDS Trust Fund 2003-2004 Annual Accounts together with the Director of Audit's Report
(to be presented by Secretary for Health, Welfare and Food)

7. No.74-Estimates for the year ending 31 March 2006
Volume IA - General Revenue Account
Volume IB - General Revenue Account
(to be presented by Financial Secretary)

8. No.75-Estimates for the year ending 31 March 2006
Volume II - Fund Accounts
(to be presented by Financial Secretary)

II. Questions for Written Replies

1. Hon CHIM Pui-chung to ask: (Translation)

Regarding the cultural heritage facilities to commemorate Dr Sun Yat-sen, a modern revolutionary, will the Government inform this Council whether:
    (a)measures will be taken to speed up the works to convert Kom Tong Hall into the Dr Sun Yat-sen Museum, so that the Museum can be completed before November next year, which will be the 140th anniversary of Dr Sun's birth; and

    (b)it plans to erect a statue of Dr Sun in the Sun Yat Sen Memorial Park located at Sai Ying Pun, and consult the Central and Western District Council on this matter?
Public Officer to reply : Secretary for Home Affairs

2. Hon Bernard CHAN to ask: (Translation)

The Government plans to amend the Smoking (Public Health) Ordinance in order to expand no-smoking areas and tighten the control over the advertisement and promotion of tobacco products. However, apart from designating schools as no-smoking areas, no other measures against young smokers and for preventing young people from picking up the smoking habit have been drawn up in the proposed amendments. In this connection, will the Government inform this Council whether:
    (a)it will consider increasing the tobacco duty to push up cigarette prices so as to resolve the problem of young people smoking and prevent them from picking up the smoking habit; and

    (b)it will strengthen its efforts in banning smoking targeted at young people, such as establishing funds to finance voluntary and non-government organizations in carrying out their work in preventing young people from smoking?
Public Officer to reply : Secretary for Health, Welfare and Food

3. Hon MA Lik to ask: (Translation)

Since the implementation of the short-term Secondary School Places Allocation ("SSPA") in the 2000/01 school year, students entering secondary schools had their school internal assessment ("IA") results scaled by the Academic Aptitude Test ("AAT") results achieved by the students of their respective primary schools in the 1997/98 to 1999/2000 school years. The scaled scores of all the students in the same school net were ranked and students were subsequently divided into three allocation bands. Band One students were allocated a place first, followed by Band Two and then Band Three students. In February this year, the Working Group on Review of Secondary School Places Allocation and Medium of Instruction for Secondary Schools under the Education Commission published a consultation document, in which a new SSPA was proposed. In this connection, will the Government inform this Council:
    (a)of the respective percentages of the ten primary schools which had the lowest percentage of Band One students in their primary six students and the numbers of Band One students in the ten primary schools with the smallest number of such students, in each of the past three years;

    (b)whether the existing SSPA can reflect

    (i)the efforts of those primary schools whose overall academic results have been on the rise over the past few years; and

    (ii)the academic performance of students with extremely high learning abilities;

    (c)whether other territories have adopted a secondary school places allocation system similar to the ones currently used in Hong Kong or proposed in the consultation document, including whether such territories have ever used the results of past students in the same school to scale the IA results of the students; if they have, of the details of the systems; and

    (d)given that the consultation document proposes to use the Pre-Secondary 1 Hong Kong Attainment Test, in place of the AAT results of past students in the same school, as an instrument for scaling school IA results, of the merits of this proposal?
Public Officer to reply : Secretary for Education and Manpower

4. Hon Daniel LAM Wai-keung to ask: (Translation)

The recent spate of serious cross-border crimes involving shooting in food premises in busy districts and in public has aroused concern about the state of law and order in Hong Kong and that there is inadequate protection for the public's personal safety. In this connection, will the Government inform this Council:
    (a)of the respective numbers of firearms intercepted while being smuggled into Hong Kong and of Mainlanders arrested for offences involving firearms in Hong Kong in each of the past three years, as well as the current number of unsolved cases of gun homicide;

    (b)whether it will enhance cooperation with the relevant authorities in Guangdong Province through the liaison mechanism between Hong Kong and the Province, so as to stop the smuggling of firearms and prevent professional killers from bringing firearms into Hong Kong to commit crimes;

    (c)of the measures to curb the increasing incidence of serious cross-border crimes, including those involving illegal firearms; and

    (d)whether it will deploy additional uniformed police officers to patrol public places, so as to step up its efforts to deter lawless elements from committing crimes?
Public Officer to reply : Secretary for Security

5. Dr Hon Joseph LEE Kok-long to ask: (Translation)

It has been reported that a survey undertaken by the Department of Health reveals that the incidence rate of pulmonary tuberculosis for children aged below nine in Hong Kong is ten times that of Europe and the United States of America and two times that of Japan. Information from the Labour Department shows that while the total number of occupational disease cases in 2004 decreased by 31% compared to that in 2002, tuberculosis cases increased by 44.8%. In this connection, will the Government inform this Council:
    (a)of the respective numbers of local children, adults and the elderly who contracted pulmonary tuberculosis in the past three years and their major sources of infection;

    (b)of the respective numbers of patients and hospital staff who were confirmed to have contracted pulmonary tuberculosis during hospitalization and while on duty in the past three years, together with a breakdown by the ranks of the staff and whether they worked in public or private hospitals; and

    (c)whether it has analyzed the reasons for the high incidence rate for children and an upsurge in cases of staff contracting tuberculosis while on duty, and formulated measures to prevent the situation from deteriorating; if it has, of the results of the analysis and details of the measures?
Public Officer to reply : Secretary for Health, Welfare and Food

6. Hon TSANG Yok-sing to ask: (Translation)

At present, mobile phone service providers generally impose surcharges on their subscribers to recover the payment of the fees for three types of licences, namely the Public Radiocommunications Service Licences, Mobile Carrier Licences and Public Non-exclusive Telecommunications Service Licences, and the fees paid to tunnel companies for setting up receiving stations inside various tunnels (collectively known as "licence and tunnel fees"). It has been reported that such licence fees will be reduced with effect from 1 May this year. In this connection, will the Government inform this Council:
    (a)how the percentage of the annual licence and tunnel fees in the level of monthly subscription fee for local mobile phone services compares to that of the preceding year in each of the past three years, and whether such percentage is on an upward trend;

    (b)whether it has negotiated with mobile phone services providers on rebating the difference in charges to mobile phone subscribers upon the reduction of the licence fees concerned; if it has, of the details and results of the negotiations; if not, whether it will negotiate with the providers at this stage or upon further reduction of the licence fees concerned; and

    (c)whether it has assessed if the practice of the above service providers to charge licence and tunnel fees is fair; if the assessment results are in the affirmative, of the justifications; if the assessment results show otherwise, whether it will consider regulating the existing practice of the service providers and the other means for them to shift the burden of paying the fees concerned to their subscribers by imposing surcharges under other circumstances (such as when the second generation mobile services providers are subject to the payment of spectrum utilization fees)?
Public Officer to reply : Secretary for Commerce, Industry and Technology

7. Hon LI Kwok-ying to ask: (Translation)

The Government set up the Health and Health Services Research Fund in 2002. Three broad themes, namely public health, health services and Chinese medicine, were identified under the Fund as priorities for research. In this connection, will the Government inform this Council of:
    (a)the respective numbers of applications received by the relevant authorities for research studies under the three themes since the establishment of the Fund and, among them, the number of successful applications and the respective amounts of funds granted, as well as the number of unsuccessful applications, together with a breakdown by the reasons for their being unsuccessful; and

    (b)the details of the research studies on Chinese medicine which were financed by the Fund and produced research results conducive to the formulation of public health policies?
Public Officer to reply : Secretary for Health, Welfare and Food

8. Hon SIN Chung-kai to ask: (Translation)

Since 16 December last year, the Immigration Department ("ImmD") has implemented the Automated Passenger Clearance ("APC") System by phases for Hong Kong permanent residents aged 11 or above holding smart identity cards to use the APC auto-gates for self-service immigration clearance. In this connection, will the Government inform this Council:
    (a)of the utilization and effectiveness of the new system;

    (b)whether there has been any failure of the new system since its operation; if so, of the counts and causes of such failures;

    (c)of the updated findings of the Automated Passenger Clearance Questionnaire being conducted by the ImmD on its web-site and how it will follow up the public opinions collected; and

    (d)whether it will strengthen its publicity and teach the public, especially the elderly people, how to use the new system; if it will, of the details of such efforts?
Public Officer to reply : Secretary for Security

9. Hon Howard YOUNG to ask: (Translation)

According to the Mainland and Hong Kong Closer Economic Partnership Arrangement ("CEPA") concluded in October 2003, upon meeting specified requirements, Hong Kong travel agents can start up businesses in the Mainland, but their scope of business is restricted to mainly operating local tours there. Although CEPA is in its second phase now, the above restriction has not been further relaxed by the Mainland. In this connection, will the Government inform this Council whether the authorities will seek the relaxation of such restriction when they start the negotiation with the Mainland over the third phase of CEPA to enable Hong Kong travel agents to operate outbound travel services in the Mainland and open up more business opportunities there for the industry, so that Hong Kong travel agents may provide one-stop travel services to the Mainlanders? Public Officer to reply : Secretary for Economic Development and Labour

10. Hon CHOY So-yuk to ask: (Translation)

Will the Government inform this Council of the number of cases, in each of the past three years, in which payments of normal or higher old age allowances to elderly persons were suspended by the authorities because they had violated the stipulation on the annual permissible limit of 180 days' absence from Hong Kong, and of the respective amounts of allowances involved? Public Officer to reply : Secretary for Health, Welfare and Food

11. Hon Albert CHAN to ask: (Translation)

Recently I have received a number of complaints from the residents concerned that, owing to shortage of manpower and helicopters, the hill fire on Lantau Island had lasted for over 40 hours from 26 to 28 November 2004 before it was finally put out, resulting in the destruction of hundreds of thousands of trees. At some point, the fire even threatened the safety of residents in the vicinity. In this connection, will the Government inform this Council:
    (a)of the number of hill fires occurring in other parts of Hong Kong during the period from 26 to 28 November last year, and the numbers of firefighters and helicopters involved in fighting these fires;

    (b)of the current numbers of firefighters and helicopters specially deployed in fighting hill fires, as well as whether the authorities have reviewed the adequacy of the manpower and resources in this regard; if they have, of the outcome of the review; if not, the reasons for that;

    (c)if the outcome of the review indicates a shortfall in both the manpower and resources deployed in fighting hill fires, whether the authorities have any improvement measures; and

    (d)given that, before the reunification, the British garrison had offered assistance when massive natural disasters broke out in Hong Kong, whether the authorities will consider seeking the assistance of the People's Liberation Army Garrison stationed in Hong Kong in the event of a massive natural disaster, such as a huge hill fire?
Public Officer to reply : Secretary for Security

12. Hon Emily LAU to ask: (Translation)

A new charge for the Accident and Emergency service at public hospitals was introduced in November 2002 and the fees and charges for some public health care services were adjusted upwards in April 2003. In this connection, will the Executive Authorities inform this Council:
    (a)of the annual numbers of access to public health care services by the members of families receiving Comprehensive Social Security Assistance ("CSSA") since November 2002;

    (b)of the annual numbers of applications for fee waivers made since November 2002 by users of public health care services who were not recipients of CSSA, and

    (i)the number of such applications approved, broken down by whether the monthly household incomes of the applicants exceeded the median monthly domestic household incomes applicable to their household size and by the proportion of fees waived (full or half fee waivers), and

    (ii)a breakdown of the rejected applications by the reasons of rejection; and

    (c)whether they have publicized the medical fee waiver mechanism and taken the initiative to explain to patients and their relatives how to make applications?
Public Officer to reply : Secretary for Health, Welfare and Food

13. Hon LAU Kong-wah to ask: (Translation)

Will the Government inform this Council:
    (a)of the respective numbers of passengers prosecuted for smoking in public transport carriers or no-smoking areas of railway stations and ferry piers, in each of the past three years;

    (b)whether it knows the details of the guidelines issued by various public transport operators to their staff on the actions to be taken when passengers smoke in public transport carriers or no-smoking areas; and

    (c)whether the relevant authorities received last year any complaints about the failure of public transport operators' staff to take appropriate actions immediately when passengers were found smoking in public transport carriers or no-smoking areas?
Public Officer to reply : Secretary for the Environment, Transport and Works

14. Ir Dr Hon HO Chung-tai to ask: (Translation)

It has been reported that the MTR Corporation Limited ("MTRC") would introduce fully automated train service in two to three years. By then, all of its trains would not be manned by train operators. In this connection, will the Government inform this Council whether it knows:
    (a)which countries are already using fully automated operation systems for their railways and whether such systems have ever had any train incidents;

    (b)how MTRC will ensure that, in the event of an incident involving a fully automated train, the passengers inside the train can receive prompt assistance; and

    (c)the MTRC's estimated amount of savings achieved by the use of a fully automated train system and the annual maintenance cost for such a system?
Public Officer to reply : Secretary for the Environment, Transport and Works

15. Hon CHIM Pui-chung to ask: (Translation)

The Chief Executive stated in his Policy Address this year that the authorities would launch a review on the functions of District Councils this year. In this connection, will the Government inform this Council how the authorities will proceed with the review, and whether District Councillors will be allowed to participate in the initial stages of the review; if they will, of the time they can do so; if not, the reasons for that? Public Officer to reply : Secretary for Constitutional Affairs

16. Hon LI Kwok-ying to ask: (Translation)

It was reported that Queen Mary Hospital ("QMH"), the only liver transplant centre in Hong Kong, had aborted liver separation operations on a number of occasions due to inadequate resources, resulting in not only a waste of livers, but also reduced chances for patients to undergo liver transplants. In this connection, will the Government inform this Council whether it knows:
    (a)the number of liver separation operations aborted at QMH since 2003 and the reasons for the abortion;

    (b)if the Hospital Authority ("HA") has reviewed the incidents in which liver separation operations were aborted due to inadequate resources or manpower; if so, of the review findings; if not, the reasons for that;

    (c)if HA has assessed whether the closure of the liver transplant centre at Prince of Wales Hospital and performing all liver transplants at QMH is more cost-effective than the arrangement in the past; and

    (d)if HA will review the current operation of the liver transplant centre?
Public Officer to reply : Secretary for Health, Welfare and Food

17. Hon CHOY So-yuk to ask: (Translation)

Will the Government inform this Council of the number of rivers and streams along which concrete was laid in each of the past 10 years as part of drainage works/flooding prevention projects, and the total length of these rivers and streams covered with concrete? Public Officer to reply : Secretary for the Environment, Transport and Works

18. Hon Howard YOUNG to ask: (Translation)

Will the Government inform this Council:
    (a)of the types of trades for which professional indemnity insurance ("PII") is provided by the insurance industry at present and the total amount of annual premium received from such trades;

    (b)of the total amount of compensation claimed from PII over the past five years and the trade which has made the highest amount of claims;

    (c)whether it will consider imposing a mandatory requirement that those trades with high operational risks should take out PII; and

    (d)as many insurance companies have raised the PII premium for travel agents since the September 11 incident in the United States of America, thereby subjecting travel agents to higher operational costs, whether the authorities will consider setting an upper limit for the compensation amount of each claim so as to reduce the premium concerned?
Public Officer to reply : Secretary for Financial Services and the Treasury

19. Hon Emily LAU to ask: (Translation)

A survey published by the Hong Kong Gambling Watch in December last year has revealed that the number of underage secondary school students participating in football betting had increased by 52.5%, compared to 2003, accounting for 6.1% of the student population. Among such students, 76% placed their bets with the Hong Kong Jockey Club ("HKJC") either directly or indirectly, and 24.5% could be classified as pathological or problem gamblers. In this connection, will the Executive Authorities inform this Council:
    (a)whether they have compiled statistics on the number of underage secondary school students who participate in football betting and can be classified as pathological or problem gamblers;

    (b)whether they will conduct annual surveys on the participation of secondary school students in football betting; if not, how the authorities assess if the trend and problem of football betting among secondary school students are serious;

    (c)of the specific and ongoing measures to curb gambling among secondary school students and prevent the problem from worsening;

    (d)of the current usage rates of the two counselling and treatment centres for problem and pathological gamblers; if they are being used to capacity, whether the authorities will allocate additional resources to provide more counselling and treatment centres; if not, of the alternative services available to help the secondary school students who are beset by gambling problems; and

    (e)whether they will penalize HKJC for failing to effectively prevent underage persons from entering its off-course betting branches and placing bets; if so, of the penalties to be imposed; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

20. Hon LAU Kong-wah to ask: (Translation)

Regarding the lunchboxes ordered by primary schools for their students from food suppliers, will the Government inform this Council:
    (a)of the number of complaints received by the authorities concerning these lunchboxes in the past three years, the subjects of complaints and how such complaints have been followed up; and

    (b)whether the authorities have regularly updated the guidelines issued to food suppliers on the hygiene standard and nutrient composition of lunchboxes; if so, of the details of the latest guidelines, and the measures in place to monitor compliance with such guidelines by food suppliers; if no such measures are in place, the reasons for that?
Public Officer to reply : Secretary for Health, Welfare and Food

III. Bills

First Reading

Appropriation Bill 2005

Second Reading (Debate to be adjourned)

Appropriation Bill 2005 : Financial Secretary

IV. Motions

Proposed resolution under the Public Finance Ordinance

Secretary for Financial Services and the Treasury to move the motion in the Appendix.

V. Members' Motions

(Continuation of the debate on the motion moved at the last Council meeting)

  1. Defending sovereignty over the Diaoyutai Islands

    Hon LEE Wing-tat: (Translation)

    That this Council strongly protests against the Japanese Government's unlawful occupation of the Diaoyutai Islands which are within the territory of our country, and urges our Government and people to defend our sovereignty over the Diaoyutai Islands.

(Motion to be moved at this Council meeting)
  1. That this Council do now adjourn

    Hon LEE Wing-tat: (Translation)

    That this Council do now adjourn for the purpose of enabling Members to debate the following issue: All the constitutional and legal issues arising from the office of the Chief Executive having become vacant, and related policies, measures and arrangements.

    Public Officer to attend : Secretary for Constitutional Affairs

Clerk to the Legislative Council